Another Court Rejects Turo's Eligibility for Section 230--Turo v. Los Angeles

Another Court Rejects Turo’s Eligibility for Section 230–Turo v. Los Angeles

As I previously blogged: Turo is a peer-to-peer marketplace for car rentals. “Colloquially put, Turo is the ‘Airbnb’ of private motor vehicles.” Though Turo doesn’t dictate where the buyer and seller exchange the car, Turo facilitates matches at airports, either…

Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s…

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns

by guest blogger Lourdes M. Turrecha, Privacy Tech & Law Fellow at Santa Clara Law [Eric’s Note: I am working on a mondo blog post about the AG’s final CCPA regulations. In the interim, I’m sharing this post from Lourdes…

Brokerage Account Formation Process Upheld--Valelly v. Merrill Lynch

Brokerage Account Formation Process Upheld–Valelly v. Merrill Lynch

The plaintiffs contend that their Merrill Lynch brokerage money was swept into unduly low-earning accounts. Among other things, they alleged breach of a quasi-contract, a claim that cannot work if there was an express contract. So, at issue in this…

Armslist Wins Another Section 230 Ruling--Stokinger v. Armslist

Armslist Wins Another Section 230 Ruling–Stokinger v. Armslist

This case involves the tragic shooting of a police officer. The shooter acquired the gun illegally from a seller who had acquired the gun via Armslist. Among other defendants, the victim sued Armslist for a variety of claims, including negligence….

A Sure Way to Ruin My Day: The Phrase "Enforceable Browsewrap"--HealthplanCRM v. Avmed

A Sure Way to Ruin My Day: The Phrase “Enforceable Browsewrap”–HealthplanCRM v. Avmed

Cavulus is a software licensor. Avmed is the customer/licensee. Avmed decided to migrate from Cavulus to Salesforce, and it asked vendor NTT to help with the data migration. Avmed purportedly sublicensed software access to NTT (as the license allegedly permitted),…

Another 512(f) Claim Fails--Ningbo Mizhihe v Doe

Another 512(f) Claim Fails–Ningbo Mizhihe v Doe

The plaintiff is a Chinese vendor that claims copyright in unicorn images (see depictions on the right). The defendants are also vendors using unicorn images. The plaintiff accuses the defendants of infringing the plaintiff’s copyrights. In support of that, the…

Lime's User Agreement Sends Another Case to Arbitration--Babcock v. Neutron

Lime’s User Agreement Sends Another Case to Arbitration–Babcock v. Neutron

This is another personal injury lawsuit against Lime for e-scooter rentals. You do know that rent-a-e-scooters are death sticks, right? Lime invoked the arbitration clause in its User Agreement. As usual, the key question is: was the User Agreement properly…

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising)

Copyright * In re DMCA Subpoena to Reddit, Inc., 2020 WL 999788 (N.D. Cal. March 2, 2020). Court quashes 512(h) subpoena because the underlying publications were protected by fair use. This is your reminder that 512(h) subpoenas routinely unmask individuals…

Redbox's Terms of Use Fail (OUCH)--Wilson v. Redbox

Redbox’s Terms of Use Fail (OUCH)–Wilson v. Redbox

Redbox allegedly sent unwanted texts to Wilson. Wilson sued for TCPA violations. Redbox invoked the arbitration clause in its TOU. The court says the TOU did not properly form and denies the arbitration request. Ouch. Wilson joined Redbox in 2007…